State needs to tighten controls to drug database

Published: Tuesday, September 3, 2013 at 1:14 p.m.

Last Modified: Tuesday, September 3, 2013 at 1:14 p.m.

Policies governing a Florida database of prescription-drug usage should continue to be refined to protect patient privacy.

The state failed to provide adequate protection when the names and detailed prescription-drug histories of more than 3,000 Volusia County residents were released to defense attorneys.

Local defense attorney Michael Lambert found out that his prescription-drug records were among those released. Lambert was understandably incensed.

In the time since, the Florida Department of Health has offered up reforms to protect the privacy of Florida’s patients. After discussion at a workshop on Aug. 27, the American Civil Liberties Union said the reforms fell short of what’s needed to protect privacy. No one seems entirely happy with the proposals, as one of the reforms has also raised the ire of police and sheriff representatives, who fear the change will slow drug investigations.

The Department of Health has work to do to assure all sides that the database, mandated in 2011 after Florida’s long history of prescription-pill abuse, is not abused. Patient privacy needs to be a top priority.

But health officials also need to make sure the police are not set up to fail with too many restrictions placed on database searches. The prescription drug-abuse problem has reached crisis proportions, and the state is justified in acting aggressively to curb misuse of powerful painkillers.

The statistics show the size of the “pill mill” industry: Only two years ago, 90 of the country’s top 100 oxycodone-purchasing doctors and 53 of the top 100 purchasing pharmacies were located in Florida. Seven Floridians were dying every day because of pill abuse.

About a year after changes in the law, in early 2012, sales of the powerful painkiller oxycodone dropped by 20 percent and deaths dropped by 8 percent, according to the Palm Beach Post.

To continue this success, the state needs the database. But the ACLU and others believe the state government may have overreacted and jeopardized patient privacy in an effort to crack down on unscrupulous doctors and doctor-shopping patients.

It’s clear that privacy safeguards should be enhanced.

One regulation under consideration would only allow one “super user” at each law enforcement agency the right to use the database. Police don’t like that proposed rule, and it’s not clear whether it actually would prevent the loss of patient privacy. One of Lambert’s attorneys suggests that the Legislature pass a law mandating that a court order be obtained for database searches. The Legislature should consider this change, which would head off law enforcement fishing expeditions.

The records of thousands of patients shouldn’t be released in connection with a small-scale investigation. State officials need to figure out how to prevent that from happening again.

<p>Policies governing a Florida database of prescription-drug usage should continue to be refined to protect patient privacy.</p><p>The state failed to provide adequate protection when the names and detailed prescription-drug histories of more than 3,000 Volusia County residents were released to defense attorneys. </p><p>Local defense attorney Michael Lambert found out that his prescription-drug records were among those released. Lambert was understandably incensed.</p><p>In the time since, the Florida Department of Health has offered up reforms to protect the privacy of Florida’s patients. After discussion at a workshop on Aug. 27, the American Civil Liberties Union said the reforms fell short of what’s needed to protect privacy. No one seems entirely happy with the proposals, as one of the reforms has also raised the ire of police and sheriff representatives, who fear the change will slow drug investigations.</p><p>The Department of Health has work to do to assure all sides that the database, mandated in 2011 after Florida’s long history of prescription-pill abuse, is not abused. Patient privacy needs to be a top priority.</p><p>But health officials also need to make sure the police are not set up to fail with too many restrictions placed on database searches. The prescription drug-abuse problem has reached crisis proportions, and the state is justified in acting aggressively to curb misuse of powerful painkillers.</p><p>The statistics show the size of the “pill mill” industry: Only two years ago, 90 of the country’s top 100 oxycodone-purchasing doctors and 53 of the top 100 purchasing pharmacies were located in Florida. Seven Floridians were dying every day because of pill abuse.</p><p> About a year after changes in the law, in early 2012, sales of the powerful painkiller oxycodone dropped by 20 percent and deaths dropped by 8 percent, according to the Palm Beach Post.</p><p>To continue this success, the state needs the database. But the ACLU and others believe the state government may have overreacted and jeopardized patient privacy in an effort to crack down on unscrupulous doctors and doctor-shopping patients.</p><p> It’s clear that privacy safeguards should be enhanced.</p><p>One regulation under consideration would only allow one “super user” at each law enforcement agency the right to use the database. Police don’t like that proposed rule, and it’s not clear whether it actually would prevent the loss of patient privacy. One of Lambert’s attorneys suggests that the Legislature pass a law mandating that a court order be obtained for database searches. The Legislature should consider this change, which would head off law enforcement fishing expeditions.</p><p> The records of thousands of patients shouldn’t be released in connection with a small-scale investigation. State officials need to figure out how to prevent that from happening again.</p>